information. Thus, the Provisions at Issue limit the right to informational
self-determination.
The personal information of the Potential Subscriber amounts to
“information irrelevant to contents” which is not associated with any
content of or circumstances surrounding his or her communications. The
Potential Subscriber does not communicate with others by mobile phone
during the process of identity verification. Additionally, even if a
telecommunications business operator discloses the personal information
of such counterparty, such disclosure does not, by itself, enable the third
party to learn the existence and content of the Potential Subscriber’s
private communication. Therefore, the Provisions at Issue limit the freedom
of communications but do not diminish the secrecy of communications.
For these reasons, the Court finds that the issues in this case are: (1)
whether the Provisions at Issue infringe upon the freedom of
communications in respect that a mobile service contract can only be
entered into only when the Potential Subscriber provides his or her
personal information; and (2) whether they infringe upon the right to
informational self-determination in regards of the collection scope of and
handling procedures for personal information.
2. Whether the right to informational self-determination and the freedom
of communications are infringed
The Provisions at Issue serve the legitimate legislative purposes of (1)
deterring criminals from using mobile phones registered under others’
names or false names to commit a crime such as voice phishing; and (2)
preventing harm caused by identity theft, such as subscribing to mobile
phone services or making small mobile payments under the stolen
identity. Requiring the identity verification process is an appropriate
means to accomplish these legislative purposes.
Although the Potential Subscriber who enters into a subscription
contract with a mobile carrier must submit his or her 13-digit resident
registration number, the last six digits of such number are deleted after
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